Allegheny Mut. Ins. Co. v. State

In Allegheny Mut. Ins. Co. v. State, 50 Md. App. 169, 436 A.2d 515 (1981), the Court interpreted art. 27, 616 1/2(e)(1) of the Maryland Code -- a statutory predecessor to 5-208 -- which provided: Any court exercising criminal jurisdiction shall strike out a forfeiture of bail or collateral where the defendant can show reasonable grounds for his nonappearance. However the court shall allow a surety 90 days, or for good cause shown, 180 days from the date of failure to appear to produce the defendant in court before requiring the payment of any forfeiture of bail or collateral. The court shall strike out a forfeiture of bail or collateral deducting only the actual expense incurred for the defendant's arrest, apprehension, or surrender if the defendant is produced in court and if the arrest, apprehension, or surrender occurs more than 90 days after the defendant's failure to appear, or at the termination of the period allowed by the court to produce the defendant. The Court commented: The third sentence of the statute . . . contains the legislative mandate that the court shall strike forfeiture if a defendant is produced in court more than 90 days after his initial "failure to appear." Thus, the way the statute is phrased, if the surrender to the court of the defendant occurs . . . after the 90 day period, the court has no discretion to exercise, and it must strike the forfeiture. Id. at 173 .